Defendant: People's Government of Henan Province.
Legal Representative: Yin Hong, governor of Henan Provincial People's Government. Address: No.22 Jinshui East Road, Zhengdong New District, Zhengzhou.
Litigation Request: Request Zhengzhou Railway Transport Intermediate People's Court to make a judgment according to law, and confirm that the official administrative act of the staff of the recheck committee of letters and visits of Henan Provincial People's Government using perjury is illegal.
Subject matter: There are only two evidences used in the review opinion of letters and visits made by the Review Committee of Letters and Visits of Henan Provincial People's Government. The two pieces of evidence, "the procedures for equity transfer and the labor contract", are perjury.
When Xuchang Municipal Government entrusted Xuchang Housing Management Bureau to investigate and implement my work transfer arrangement, China Real Estate Development Group Xuchang Company (hereinafter referred to as Zhong Fang Company) provided the "Application for Voluntary Abandonment of Equity I signed" and other evidence to prove that I participated in the restructuring of the decoration company. After investigation and evidence collection, the Housing Authority found it unacceptable and it was forged. Please refer to the minutes of meetings held by the Housing Authority, the investigation records of Xuchang Company of China Real Estate Development Group by the Housing Authority, and the handwritten transcription records extracted by the Housing Authority.
On June 5438+February 65438+February 2008, the Deputy Secretary-General of Xuchang Municipal Government convened Xuchang Civil Affairs Bureau, Xuchang Labor Bureau, Xuchang Personnel Bureau, Xuchang Letters and Calls Bureau, China Housing Corporation and other units to hold a meeting on letters and visits placement in Changping. At the meeting, Mr. Ma was entrusted to extract my handwriting, and Mr. Ma signed the handwriting extraction paper, which was used to ask experts to verify the authenticity of "June 5438 +2004 10, the detailed list of state-owned equity entrustment, and I signed the application for voluntary abandonment of equity". The meeting formed a meeting minutes. Leader Ma conveyed the spirit of the meeting: ① The evidence provided by China Housing Corporation is not credible and belongs to forgery. ② Zhong Fang Company and Xuchang Zhong Fang Decoration Engineering Co., Ltd. didn't pay me. (3) Do a good job of implementation for me. Ready to pay my living expenses.
Request the recheck committee of letters and visits of Henan Provincial People's Government to provide written evidence such as "Procedures for Equity Transfer and Labor Contract" to identify its signature and handprint.
I provided a copy of the State-owned Property Rights Transfer Contract filed by Xuchang Municipal Government, and requested Xuchang Municipal People's Government to provide the original to identify my forged fingerprints and signatures.
According to Article 2 of the Administrative Procedure Law of the People's Republic of China: "Citizens, legal persons or other organizations have the right to bring a lawsuit to the people's court in accordance with this law if they think that the administrative actions of administrative organs and their staff infringe upon their legitimate rights and interests." Article 18 An administrative case shall be under the jurisdiction of the people's court where the administrative organ that originally made the administrative act is located.
Request the Zhengzhou Railway Transport Intermediate People's Court to make a judgment according to law, and confirm that the official administrative act of the staff of the Henan Provincial People's Government Petition Review Committee using perjury is illegal.
Attachment: The issue of Henan Provincial Government's "Opinions on Review of Letters and Visits" can be divided into several acts, such as staff using perjury and the provincial government handling opinions.
① The Stock Transfer Procedures and Labor Contract used by the staff of the Review Committee of Letters and Visits of Henan Provincial People's Government are two perjury. ② According to Item (9) of Paragraph 2 of Article 1 of the Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China (No.[20 18] 1 hereinafter referred to as the Interpretation of the Administrative Procedure Law), "the above provisions only state that" registration does not include the wrong behavior of staff when exercising administrative rights. The use of perjury (or forgery of evidence) by staff members and the evaluation opinions made by the evaluation Committee are two administrative acts and two legal relations. (3) In the book "To the Review Committee of Xuchang Municipal People's Government", I pointed out that the Contract was perjury and requested for appraisal; In the Notice of Withdrawing Letters and Visits for Review, Xuchang Review Committee found that the handling opinions of Xuchang Veterans Affairs Bureau were "unclear facts and insufficient evidence". The staff of the Henan Provincial Government Review Committee should know about the incident, know that the evidence is perjury, and instead choose to use it maliciously. The administrative act of using perjury (or forging evidence) belongs to the administrative act of staff performing their duties and exercising their functions and powers, and the people's court shall accept it. This lawsuit does not prosecute the correctness of the administrative actions of the Henan provincial government, but only the administrative actions of the staff who maliciously use perjury.
Evidence:
Evidence 1. Copies of opinions on handling problems reflected in Changping letters and visits.
Evidence 2. A fact sheet
Evidence 3. Copy of state-owned property right transfer contract, 2 pages.
Evidence 4. Copy of review opinions of letters and visits (2 pages)
Evidence 5. Copy of id card
Zhengzhou Railway Transport Intermediate People's Court.
Salute! ?
Changping 202 1 year 1 month/day
All nine pages are covered with fingerprints.